How much jail time will I get for selling fake meth to an undercover? 29 Answers as of July 12, 2013

I sold 4 grams of fake meth to an undercover how much jail time. Am I looking at with a 2nd degree sales?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship.
Answer Applies to: New York
Replied: 7/12/2013
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
Could be the same as if the meth was real. See Health and Safetly Code 11379 et seq. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Any sentence received on a felony charge is determined by the specific charge combined with you specific prior criminal history. You should consult with an attorney to determine where you may fall on the sentencing grid.
Answer Applies to: Kansas
Replied: 6/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
That depends on your age, prior criminal record, and the lawyer who represents you. If you are young and have no prior record you will be allowed to plead to a felony and get 5 years probation. You may have to go to drug court or Judicial Diversion, but you will not get a jail term for a small amount of drugs. If it was not meth your lawyer may be able to beat the case or have it reduced, it depends on the circumstances. Selling fake drugs is often considered an 'attempted sale', but you may be able to argue that no crime was committed since the drugs were not real.
Answer Applies to: New York
Replied: 6/13/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Since it was fake, you may have something of a defense to the case, so don't start to try to determine how much time you'll do until after you've been found guilty. In other words, don't give up yet. Fight the charges and see how much of a deal can be made for you with a good defense lawyer. Good luck.
Answer Applies to: New York
Replied: 6/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Selling a bunk drug with the intent to represent it is a controlled substance carries up to 3 years in prison. What you actually get depends on many factors including your criminal record.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You could not be convicted of sale of a controlled substance if the substance proves not to be a controlled substance. However, you might be convicted of attempted sell of a controlled substance, or attempt to possess a controlled substance. Both offenses are felony offenses. Attempt to possess a controlled substance is a class C felony punishable for not less than one year and a day nor more than ten years, and a fine not to exceed $6,000. Attempt to sell a controlled substance, I believe, would also be a class C felony.
    Answer Applies to: Alabama
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You did not indicate where you are, or whether you have any record, or what are all the facts and circumstances.
    Answer Applies to: Georgia
    Replied: 7/11/2013
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    In Washington, if this is your first offense, your standard range is 12 -20 months in prison.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The charge is distribution of a controlled substance, you claimed to the cop it was dope so you face that charge. Likely a period of probation, but you want a lawyer to help reduce the charge or keep from getting a felony.
    Answer Applies to: Nebraska
    Replied: 6/13/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    You could be facing prison you should talk to an attorney, I would gladly discuss your options.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Depends on a lot of factors.
    Answer Applies to: Louisiana
    Replied: 7/11/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Any possible sentence would take into consideration any past record, the facts of the current matter and may even require you to obtain a substance abuse assessment. To predict a possible sentence without knowing these facts is impossible.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Selling fake contraband is just as serious as selling the real thing under Minnesota Statutes. Under Minnesota Statutes 152.097, it is a felony offense punishable by up to three years in prison or to payment of a fine of not more than $20,000, or both. You should immediately consult with experienced criminal defense counsel.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: I need to know more before I can really comment on your case. Let my office know you are a LawQA caller.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan you could be charged with a 20 year felony. The result of a plea or a conviction would depend on sentencing variables. The variables take into account your prior record and the facts surrounding the offense itself. It would be best for you to consult with your attorney for what to expect as a sentence. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It depends on your record, your age and personal circumstances, the facts of how the sale went down. I'm honestly not sure how the "fake" factor figures in. I suppose a good attorney would use that as a mitigating factor.
    Answer Applies to: California
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    It doesn't matter that it was fake. Your criminal history will come into play on how much jail time you are actually ordered to serve. In fact, if this is your first offense, you could make a legitimate case that you should get probation. This is something that you and your lawyer should discuss, as well as any potential defenses. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan if it is a schedule 2 substance this could get you 5 years. schedule 1 is 10 years.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You will be facing the same time as if you had sold real meth. To calculate your proposed sentence see my website, under FAQ (plea).
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Fake is treated the same as real. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. DAs choice, and they can be amended any time. When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges multiply your problems. If you have priors and strikes, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 6/10/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    As long as the "stuff" contained no controlled substance of any type, it is not against the law.
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Murder and burglary are divided into degrees. I don't know where you get the "second degree sales" from unless this is from a jurisdiction outside of California. You can be charged with attempted sales... among other possible charges.
    Answer Applies to: California
    Replied: 6/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is a felony for selling fake drugs. It will depend on what your prior offenses are, if any, which will determine what your sentencing guideline range is. It will also depend on whether or not you plead guilty to a lesser offense or make a plea deal on a sentencing cap. Discuss this matter and your entire criminal history with your lawyer for a more precise answer.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain defense counsel to defend you against the charges. We can represent you, and work on a resolution that does not include incarceration.
    Answer Applies to: New York
    Replied: 6/10/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    1-15 years in prison. Under the Utah Code, selling a counterfeit controlled substance is the same crime as selling the actual controlled substance. Hire a good lawyer immediately. Preferably one that has experience in drug crimes.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    In WA it depends on your criminal history (offender score) ... I know of no such charge in WA as "2nd degree sales". If you were charged in WA with selling for profit (controlled or counterfeit) any controlled substance and your offender score is between 0 and 2, the range is 51 to 68 months. With an offender score of 3 to 5, it is 68+ to 100 months. For an offender score greater than 6 the range is 100+ to 120 months. If you were charged in WA with possession with intent to distribute an imitation controlled substance and your offender score is between 0 and 2, the range is 12+ to 20 months. With an offender score of 3 to 5, it is 20+ to 60 months. For an offender score greater than 6 the range is 60+ to 120 months.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It certainly could be the case can be resolved without you having to do any jail time - it depends on many factors. Hire a lawyer - I would be more than willing to talk to you about this case.
    Answer Applies to: Colorado
    Replied: 6/10/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney